Mumbai, July 15, 2026: The Mumbai Motor Accident Claims Tribunal (MACT) has dismissed the compensation claim filed by the Brihanmumbai Electric Supply and Transport (BEST) Undertaking seeking the recovery of Rs 42,484 towards repair costs for a damaged bus, holding that it failed to establish that the accident occurred due to the rash and negligent driving of a Navi Mumbai Municipal Transport (NMMT) bus driver.
Tribunal Finds Lack Of Proof
The claim arose from an accident that took place on January 26, 2017, near the RBI Colony bus stop at Chembur. According to BEST, its bus was proceeding from Tardeo to Deonar Depot when an NMMT bus allegedly attempted to overtake and collided with it, causing damage.
BEST claimed that it incurred Rs 42,484.16 towards labour and material costs for repairs and sought compensation from the NMMT and its insurer, the Directorate of Insurance, Government Insurance Fund.
While the NMMT remained absent despite being served with notice, the insurer contested the claim, arguing that the BEST bus driver himself was negligent and denying liability.
During the proceedings, BEST examined its Traffic Inspector, Vikram S. Chavan, as a witness. However, the tribunal noted that he was not an eyewitness to the accident, limiting the evidentiary value of his testimony regarding how the collision occurred.
Claim Dismissed
The tribunal primarily relied on the Station Diary entry and the Traffic Accident Report (TAR), which recorded that the buses came into contact amid heavy traffic on the Sion-Trombay Road near RBI Colony. The report also stated that the accident was attributed to traffic congestion and that no further investigation had been conducted.
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Presiding Member K.K. Shah observed that the available material was insufficient to conclude that the accident resulted from the rash or negligent driving of the NMMT bus driver.
Since negligence is a necessary ingredient for awarding compensation under Section 166 of the Motor Vehicles Act, the tribunal held that BEST had failed to discharge its burden of proof.
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